Solicitors Qualifying Examination (SQE) Practice Exa\

How must a tenant’s interest be treated to enforce protection?

1. It must be tangible and visible

2. It should be outlined in a court order

3. It should be recorded with a restriction on the title

4. It must be agreed upon by all tenants

The correct answer is: It should be recorded with a restriction on the title

To enforce protection regarding a tenant's interest, it is essential that the interest is recorded with a restriction on the title. This approach is critical because it provides third parties with notice of the tenant's rights, thereby preventing the landlord from transferring the property or engaging in activities that could adversely affect the tenant's interest without proper acknowledgement. Recording a tenant's interest with a restriction on the title creates a legal obligation for all subsequent purchasers of the property to recognize the tenant's rights. It establishes a formal acknowledgment of the tenant's interest, contributing to its enforceability against any future claims or entitlements. Other options do not adequately secure the tenant’s interest in the same way. For instance, simply having a tenant's interest be tangible and visible does not provide any legal framework or protection. Outlining a tenant's interest in a court order could provide protections, but without recording that interest with a restriction on the title, enforcement is less certain as it may not be widely recognized. Lastly, requiring agreement by all tenants does not necessarily establish the protection of an individual tenant's interest, as it could lead to complications and disputes without a formalized record. Thus, recording with a restriction is the most effective means of securing the necessary legal protection for a tenant's interest.